Senyk v WFG Agency Network (2008)

Ms Senyk worked for WFG Agency Network for 37 years selling insurance. She became ill and went on long-term disability. The contract allowed for 2 years LTD. At the end of the two years, she received an email terminating her employment, which caused her great mental anguish. The employee filed a human rights case with the BC Tribunal arguing that the employer had failed to accommodate her. The Tribunal agreed with the employee. It determined that the employer had failed to discharge its duty to accommodate by...

it failed to put the employee on notice it was considering terminating her employment, or its reasons for doing so, and it did not provide her with an opportunity to provide further information

It failed to treat a vulnerable employee with care or dignity when it terminated her by email, a choice which had severe negative repercussions on her mental health

It failed to prove undue hardship. In fact, the evidence indicated that there was no operational or financial need to terminate her.

The Tribunal ordered the employer to pay for legal costs and $35,000 in compesnation for injury to dignity.